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Jean-Yves Gilg

Editor, Solicitors Journal

Law Society ups the stakes in debate over single legal regulator

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Law Society ups the stakes in debate over single legal regulator

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State intervention will undermine rule of law and restrict access to justice, says chief exec

Ahead of a government review, the Law Society has called for a single legal services regulator to protect consumers and ensure market confidence in solicitors.

Writing in the Law Gazette, the Law Society's chief executive, Catherine Dixon, said the right public protections can only be assured if the legal profession is independent of the state.

Of the existing structure, Dixon said that having 11 regulators following the introduction of Legal Services Act 2007 was too complex but could be remedied by a single body setting minimum rules across all legal services.

Dixon further envisaged that professional standards would be set by the profession, which would improve the efficiency of regulation and potentially lead to lower costs for consumers.

Earlier this month, both the Solicitors Regulation Authority (SRA) and the society voiced their support for independent regulation of solicitors after it was revealed that over 80 per cent of the public were in favour of the move.

However, in its entreaties to government, the SRA has effectively called for a complete separation of itself from the Law Society group, casting doubt over the future of the solicitors' representative body.

Binyamin Ali, editor of sister publication Private Client Adviser, described the sniping between Chancery Lane and the Birmingham-based regulator as two bodies more interested in fighting for their own future than that of the profession.

'With the treasury's consultation due in the spring, it would be for the benefit of both if the scent that descends on the profession is one of poppies and not gunpowder,' concluded Ali.

In her Gazette article, Dixon stressed the importance of making the profession independent from the state to underpin the rule of law and enable access to justice.

In condemning any potential government plan to restrict the profession's independence, she warned of the threats to the UK's economy and reputation that state intervention could have.

'We are not aware of any mature jurisdiction in the world where both the legal profession is regulated by, and legal professional title is granted by, either the state or by a state-controlled body,' she said.

'Such an arrangement would also make it less likely that foreign bars would recognise the solicitor qualification internationally, placing us at competitive disadvantage.'

With the consultation set to begin in the next few weeks, attention will turn to the possibility of a new Legal Services Act and a new super-regulator.